Defence advocate Dali Mpofu on Tuesday told the Palm Ridge Magistrate’s Court that he would show that the State was trying to introduce “detention without trial” against his client, Mcebo Dlamini, a former student leader at the University of the Witwatersrand (Wits).
During proceedings at the court, Mpofu said that the days of solving political problems with detention without trial and removing others from society were gone.
Dlamini, 30, faces charges of public violence, theft, malicious damage to property and assault with intent to cause grievous bodily harm following his arrest at his Wits residence in October.
Mpofu said bail was only refused when certain standards were not met.
“There has been a concerted effort to keep Dlamini outside the campus and make sure that he doesn’t participate in the protests,” Mpofu said.
He added that if a lower court “strayed”, a matter may be brought to the high court.
“The Magistrate was clearly wrong and should have granted Dlamini bail,” Mpofu said.
Mpofu said bail should only be denied where there was a likelihood that Dlamini would endanger the State. He said there was no evidence that this would happen.
“These charges don’t hold any water,” Mpofu said.
Mpofu described the public violence charges as pathetic and said “all that is being said is that a group of student disrupted the academic programme.”
Mpofu described other charges against Dlamini as “laughable”.
The matter continues.
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